BILL ANALYSIS
AB 491
Page 1
ASSEMBLY THIRD READING
AB 491 (Scott)
As Amended April 6, 1999
Majority vote
PUBLIC SAFETY 5-2 APPROPRIATIONS 14-6
-----------------------------------------------------------------
|Ayes:|Honda, Cunneen, Cedillo, |Ayes:|Migden, Cedillo, Davis, |
| |Keeley, Romero | |Hertzberg, Kuehl, Papan, |
| | | |Romero, Shelley, |
| | | |Steinberg, Thomson, |
| | | |Wesson, Wiggins, Wright, |
| | | |Aroner |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Battin, Oller |Nays:|Brewer, Ashburn, Battin, |
| | | |Pescetti, Maldonado, |
| | | |Runner |
-----------------------------------------------------------------
SUMMARY : Makes possession of a concealed or loaded firearm an
alternate misdemeanor/felony under certain circumstances.
Specifically, this bill :
1)Makes it an alternate misdemeanor/felony where the person has
been convicted of a crime against a person or property, or of
a narcotics or dangerous drug violation. A misdemeanor is
punishable by up to one year in county jail, a $1,000 fine, or
both. A felony is punishable by 16 months, two or three years
in prison, a $1,000 fine, or both.
2)Makes it an alternate misdemeanor/felony if both of the
following conditions are met: a) both the firearm and
unexpended ammunition are either in the immediate possession
of the person or readily accessible; and, b) the person is not
listed with the Department of Justice (DOJ) as the registered
owner of the firearm, punishable as in #1 above.
3)Makes it an alternate misdemeanor/felony to carry a loaded
firearm on one's person, or in a vehicle on any public street
where the person is not listed with DOJ as the registered
owner, punishable as in #1 above.
4)Requires the district attorney of each county to submit an
annual report to the Attorney General detailing profiles by
AB 491
Page 2
race, age, gender, and ethnicity of any person charged under
this bill.
5)Requires the Attorney General to submit an annual report to
the Legislature compiling all the reports described in #3
above.
6)Provides that this bill's Penal Code sections will remain in
effect until January 1, 2005.
EXISTING LAW :
1)Provides that a person is guilty of carrying a concealed
firearm when the person: a) carries concealed within any
vehicle under his or her control any concealable firearm;
b)carries concealed on his or her person any concealable
firearm; or, c) causes to be carried concealed in any vehicle
in which he/she is an occupant a concealable gun.
2)Provides that where a person has previously been convicted of
a felony, carrying a concealed firearm is a felony, punishable
by 16 months, or two or three years in state prison.
3)Provides that where the firearm is stolen and the person knew
or had reasonable cause to believe the firearm was stolen,
carrying a concealed firearm is a felony, punishable by 16
months, or two or three years in state prison.
4)Provides that where the person is an active participant in a
criminal street gang, a Penal Code Section 12025 violation is
a felony, punishable by 16 months, or two or three years in
state prison.
5)Provides that where the person not in lawful possession of the
firearm is a felony, punishable by 16 months, or two or three
years in state prison.
6)Defines "lawful possession of the firearm" as "the person who
has possession or custody of the firearm either owns the
firearm or has the permission of the owner or a person who
otherwise has apparent authority to possess or have custody of
the firearm."
7)Provides that carrying a concealed firearm under circumstances
other than those specified in #1-5 above are misdemeanors,
punishable by up to one year in county jail, a $1,000 fine, or
AB 491
Page 3
both.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, this bill:
1)Based on the 61 persons admitted to state prison in 1997-98
for concealed gun violations, it is likfely that at least
eight persons will receive state prison terms as a result of
this bill, creating first-year costs of about $175,000. To
the extent the new wobblers trigger second or third strike
sentences, out-year costs could be considerably greater.
2)Has minor state-reimbursable local costs for the reporting
requirement.
3)Has absorbable costs to DOJ for the reporting requirement.
COMMENTS : According to the author, "Existing law (Penal Code
Section 12020) provides that concealed carrying of pen knives,
brass knuckles, dirks, daggers, zip guns and certain other
devices can be prosecuted as a felony; however, the illegal
carrying of a concealed handgun can only be prosecuted as a
misdemeanor.
"Former Attorney General Dan Lungren's Policy Council on
Violence Prevention concluded that 'carrying a concealed, loaded
firearm without a permit is a serious crime and should be
treated as such.' Therefore, the council recommended that
California enact legislation to increase the penalty to a
'misdemeanor or felony' at the discretion of the district
attorney.
"AB 491 would allow district attorneys and judges to charge or
convict individuals who illegally conceal unregistered firearms
with either a misdemeanor or felony."
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
Analysis Prepared by : Harry Dorfman / PUB. S. / (916) 319-3744
FN: 0001245